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Limited Government and the Bill of Rights
Author | : Patrick M. Garry |
Publsiher | : University of Missouri Press |
Total Pages | : 210 |
Release | : 2012-07-15 |
Genre | : Political Science |
ISBN | : 9780826272720 |
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Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
Code of Federal Regulations
Author | : Anonim |
Publsiher | : Unknown |
Total Pages | : 1044 |
Release | : 2004 |
Genre | : Administrative law |
ISBN | : NYPL:33433031963188 |
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Taking Rights Seriously
Author | : Ronald Dworkin |
Publsiher | : A&C Black |
Total Pages | : 457 |
Release | : 2013-06-27 |
Genre | : Philosophy |
ISBN | : 9781780937564 |
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A forceful and landmark defence of individual rights, Taking Rights Seriously is one of the most important political philosophical works of the last 50 years.
Reflections on the UN Declaration on the Rights of Indigenous Peoples
Author | : Stephen Allen,Alexandra Xanthaki |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 620 |
Release | : 2011-01-12 |
Genre | : Law |
ISBN | : 9781847316233 |
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The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.
The Constitution Act 1982
![The Constitution Act 1982](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Canada |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 1996 |
Genre | : Civil rights |
ISBN | : OCLC:49089791 |
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Lectures on Jurisprudence Or The Philosophy of Positive Law
Author | : John Austin,Sarah Austin |
Publsiher | : Unknown |
Total Pages | : 548 |
Release | : 1869 |
Genre | : Law |
ISBN | : UOM:35112105231320 |
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Rainbow of Recipes Butterbean s Cafe
Author | : Tex Huntley |
Publsiher | : Golden Books |
Total Pages | : 130 |
Release | : 2019-07-02 |
Genre | : Juvenile Fiction |
ISBN | : 9781984849366 |
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Butterbean's Café is an all-new animated show from Nickelodeon! Welcome to Butterbean's Cafe! In Nickelodeon's new animated series, Butterbean and the rest of her fairy friends run a bakery, make delicious treats, and have magical adventures. Boys and girls ages 3 to 7 will love this coloring book with a paint tray featuring sixteen paints and a brush.
Current Literature
Author | : Anonim |
Publsiher | : Unknown |
Total Pages | : 1136 |
Release | : 1891 |
Genre | : Electronic Book |
ISBN | : UTEXAS:059172130997753 |
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